KAILUA-KONA — A mental evaluation was ordered Wednesday for one of two women charged with murder and other offenses in connection with the death of a 6-year-old Kona boy last Halloween.
With Circuit Court Judge Robert D.S. Kim’s ruling for a panel of three doctors to evaluate the mental fitness and capacity of Kuuipo Nihipali to proceed to trial, all matters in the case are suspended until Dec. 3.
Proceedings are also on hold for co-defendant Ashley Nihipali pending the outcome of the evaluation of Kuuipo Nihipali because the two women are being tried together.
The two Puna women are accused of killing 6-year-old Mazen Kaniela Nihipali-Moniz on Halloween 2018 and abusing him and his siblings for months prior at the Lailani Apartment complex in Kealakehe.
Kuuipo Nihipali is charged with one count second-degree murder; one count second-degree murder as principal and/or accomplice; six counts second-degree felony abuse of a family or household member as principal and/or accomplice; first-degree hindering prosecution as principal and/or accomplice; tampering with evidence as principal and/or accomplice; and two counts first-degree terroristic threatening as principal and/or accomplice, according to an indictment handed down July 31.
Ashley Nihipali is facing one count second-degree murder as principal and/or accomplice; six counts second-degree felony abuse of a family or household member as principal and/or accomplice; first-degree hindering prosecution as principal and/or accomplice; tampering with evidence as principal and/or accomplice; and two counts first-degree terroristic threatening as principal and/or accomplice, according to the indictment.
Each pleaded not guilty to all of the charges following their indictment in early August. Both remain confined at Hawaii Community Correctional Center in lieu of $1 million bail.
Trial, which was to commence Nov. 12, is now off the calendar pending the outcome of the mental evaluation.
Wednesday’s hearing was the third time the judge had been scheduled to take up the motion for evaluation, as well as motions to withdraw counsel for both Nihipalis and assign new court-appointed attorneys and to continue trial for Ashley Nihipali.
The first hearing on Sept. 16 had to be continued when the Department of Public Safety didn’t bring Kuuipo Nihipali to the courthouse.
Kim took up the matter again on Sept. 23. That hearing was continued when Kim expressed concern over “conflicting motions” and asked attorneys for the defense and state to provide him more information to ensure that the court’s suspension of one portion of the case while continuing trial in another portion would not violate a defendant’s right to a speedy trial.
On Wednesday, after considering briefs submitted by the attorneys, particularly argument by Deputy Prosecuting Attorney Chase Murray that the suspension of the case for evaluation of one client wouldn’t violate speedy trial rights of the other, Kim granted the motion for evaluation. Public Defender Ann Datta representing Kuuipo Nihipali and court-appointed counsel Andrew Kennedy for Ashley Nihipali agreed with the prosecutor that Rule 48 wouldn’t be impacted.
The ruling thus made Kennedy’s motion to continue trial moot. Both counsels for the Nihipalis stated they didn’t intend to sever, or separate, the case.
Kim then granted Datta’s motion to withdraw herself as counsel in the case due to conflict of interest. Kim said the court would promptly appoint a new private attorney to represent Ashley Nihipali in the case.
Nihipali-Moniz was pronounced dead about 5:30 p.m. Oct. 31, 2018, after being taken by medics from the Kailua Fire Station to Kona Community Hospital. The 6-year-old was brought unconscious by a family member to the station.
Police said the child was reportedly involved in an “incident” and been found unconscious at the Lailani Apartment complex on Manawalea Street. The child’s death was ruled a homicide after autopsy results revealed the cause of death involved trauma.
Prosecutors intend to seek enhanced sentencing measures if the Nihipalis are found guilty of the murder and/or accomplice to murder charges.
Second-degree murder is normally punishable by up to life imprisonment with the possibility of parole.
The enhanced sentencing sought by prosecutors, according to Hawaii Revised Statutes, would require that a mandatory minimum term of 15 years be served before parole eligibility. An extended term could result in life without parole.
